Welsh Centennial Celebration

2011 marks 100 years of land conservation on Mount Sunapee. Help us celebrate this important milestone!

* July 21, 2011 - The Sunapee Historical Society hosts "The Life & Times of Herbert Welsh," a cracker barrel talk.

* August 27, 2011 - A guided hike to Lake Solitude followed by a BBQ, music, and camping at Mount Sunapee State Park.

Comments from Members

- Keep up the good work.  Respect the action of those who gave up land under policy of eminent domain. . .

- Educate the children while they are young - encourage hikes, work days, etc.

- Stay focused on primary goal of protecting our park. 

- It is so important to keep access to the State Park affordable to local people.  This is not happening. Mount Sunapee for the affluent is in no one's interest.

- Keep the Mt. Sunapee buffer zone intact.  Discourage development that mars our mountain sides (and tops). Encourage zoning that makes best conservation use of land - leaving corridors open. 

- The low-intensity recreation (e.g. hiking) and ecological protection should take precedence over ski area development and management, at Mt. Sunapee State Park and elsewhere, and you provide effective advocacy f or that good.

- Get back N.H. Seniors’ rights to free skiing at Mt. Sunapee. We are the landlords not the tenants.

- Work to safeguard protected public lands from environmentally damaging uses, commercialization and privatization.

 

Okemo Lawsuit Reference Materials PDF Print E-mail
Wednesday, 24 June 2009 14:22

Below you will find documents and articles related to the lawsuit brought by The Sunapee Difference, LLC vs. State of New Hampshire

Denotes a downloadable pdf

 

Okemo Appeals to New Hampshire Superior Court 2009

Article: Read an update about the lawsuit. (Article in FOMS newsletter, download FOMS November 2009 Newsletter (574 KB).

 

Judge Denies Okemo's Motion for Reconsideration in May 2009

Court Document: Denial of Motion to Reconsider, May 15th, 2009 (53 KB)


Merrimack Superior Court Dismisses Okemo Lawsuit Over Expansion at Mount Sunapee 2009

Court Document: Merrimack Superior Court Ruling (7.7 MB) - Sunapee Difference LLC vs the State of New Hampshire, released Friday, April 17th, 2009 - Note: This is a 8mb PDF. Please right click and download, or your browser will freeze up.

 

Article: "Judge Sides with State in resort lawsuit" - Concord Monitor, Tuesday, April 21, 2009

Article: "Lawsuit wants Sunapee to pick up tab for legal fees" - Union Leader, Tuesday, April 21, 2009 (reprinted from paper edition)

By PAULA TRACY New Hampshire Union Leader
 
A state legislator said she will ask the attorney general to explore whether the state can recoup legal fees from Mount Sunapee Resort for the suit it filed and lost over ski area expansion.
 
State Rep. Ricia McMahon, D-Sutton, called "frivolous" the suit brought 20 months ago by the leaseholder of the state-owned ski area in Newbury.
 
She said tens of thousands of dollars have been spent by the taxpayers to defend the suit brought by Tim and Diane Mueller, owners of The Sunapee Difference LLC.
 
The suit claimed that through a surveying error, the described leasehold area did not show the park's northern and western boundaries. The company asked the state to correct a leasehold description, which would allow it to expand, and/or pay compensatory damages. It also alleged the contract was breached when Gov. John Lynch refused to bring the matter to a vote before the state's Executive Council.
 
Merrimack County Superior Court Judge Diane Nicolosi found in the state's favor earlier this month, dismissing the case. On Friday, she entered a written order.
 
"Although there are substantial facts in dispute in this case, the court finds that the disputed facts are not material ..." she wrote.
 
In 2001 the company proposed an expansion of trails and a lift after obtaining an option on private property in Goshen. That property is adjacent to the park, but a distance from their leasehold boundary. The company asked the state to extend the leasehold out to the boundary so that it could do such a development. Gov. Lynch said he would not support the expansion of the leasehold area to allow for private development and has never allowed it to come to the Executive Council table for a vote.
 
Sunapee argued that the governor effectively deprived it of a benefit of the lease.
 
The judge disagreed.
 
"There is nothing in the lease to suggest that the governor must take the futile step of presenting to the Executive Council a proposal which he knows he will not approve. Moreover, contrary to the petitioner's argument, the governor cannot be forced to seek advice of the Executive Council when his mind is fully made up on the issue. The governor is the supreme executive magistrate," the judge wrote. "To the extent members of the public disagree with a governor's agenda, the views may be expressed in the voting booth."
 
The Muellers have operated Mount Sunapee since 1998. They recently sold ownership of Okemo Resort in Vermont and Crested Butte in Colorado to CNL Properties, along with their assets at Sunapee.
 
The Muellers will continue to operate all three resorts under the purchase agreement with CNL. ###

 

Initial Court Complaint (2007)

Court Document: Okemo's initial lawsuit pleadings, October  2007

Complaint filed in Merrimack County Superior Court (344 KB)

 

Articles: 
Concord Monitor Editorial 10/26/07: Suit over Sunapee ski area lease lacks merit
Concord Monitor 2/22/2008: Attorney General Replies to Resort Suit

News about Okemo's threatened lawsuit from 2005 News articles (44KB)

 
Last Updated on Sunday, 15 November 2009 17:29
 

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